General Terms and Conditions

Rates, Charges & Payment All monthly recurring charges will be billed in advance and usage based fees will be billed a month in arrears. On Call payment due date is thirty (30) days from the invoice date.

On Call reserves the right to charge interest on any outstanding amount at the lesser of: (i) 26.82% annually or 2% per month, subject to change, or (ii) the maximum rate permitted by applicable law.

If the Customers’ bill is lost or the Customer does not receive the bill, the Customer is still responsible for making the required monthly recurring charge payment to On Call by the due date.

On Call and Navigata reserve the right to increase International long distance rates without notice, all other rate increases shall be upon thirty (30) days written notice to the Customer.

Disputes Customer must bring invoice inquiries and disputes to On Call’s attention in writing within thirty (30) days of the Invoice Date. After that time, Customer will be deemed to have agreed to the contents of the invoice and will have no right to challenge any element of the invoice.

On Call will investigate all disputes. If On Call acting reasonably, finds that the dispute is invalid, the Customer must pay the disputed portion with interest immediately. If On Call finds that the dispute is valid, a credit amount will be placed on the following invoice.

The Customer must pay all the undisputed charges by the due date.

Credits/Deposits On Call may require a deposit from the Customer for the purpose of establishing an acceptable level of credit prior to implementation of Service or at any time during the terms of the Service Agreement in the following circumstances:
(a) if the Customer has no credit history with On Call and is unable to provide proof of creditworthiness,
(b) the Customer has an unsatisfactory credit history with On Call, based on previous payment practices, and is unable to provide satisfactory current creditworthiness,
(c) if the Customer presents a clear abnormal risk of loss.

On Call may request a deposit from the Customer, but may also accept an alternative arrangement such as:
(a) guaranteed form of cheque,
(b) a written guarantee from another person whose credit has been established and is to On Call’s satisfaction,
(c) a bank letter of credit

On Call will review the need and the amount of the deposit or other credit alternative at least every six months or whenever the Customer requests a review. If On Call concludes that satisfactory credit has been established On Call will return the deposit or, with the Customer’s consent apply a portion to the current or unpaid charges due and return the unused balance to the Customer.

If Services are cancelled, On Call may apply any portion of the deposit to the amount outstanding and return the unused balance to the Customer. Where a written guarantee was provided On Call may use the guarantee to arrange for payment outstanding and upon receipt of payment will return any written guarantee to the Customer.

On Call Obligations On Call will make all reasonable efforts to maintain all On Call Services and ensure they are operational.

On Call does not warrant uninterrupted working of its services, facilities, circuits, lines or equipment and is not liable for any damages arising from omissions, interruptions, delays, errors or defects in transmission, or failures or defects in On Call’s facilities or equipment, unless they are caused by On Call’s negligence. In the event the Customer has experienced a service interruption, omission, delay, error or defect in transmission, On Call will, upon request from the Customer, refund that part of the Customer’s recurring monthly or usage charge for the Service. The refund will be proportionate to the length of time the problem existed.

Installation and wiring will be provided up to the buildings demarcation point, any inside wiring, or special construction is the responsibility of the Customer or the Customer’s interconnect company, unless otherwise negotiated at the applicable fees.

On Call shall retain all information received from the Customer in providing On Call Services to the Customer in confidence, excepting only Customer’s published name, address and telephone number and will not use or disclose such Customer information except to provide the On Call Services to the Customer or except as is authorized or provided for by law, including any privacy legislation that may apply to On Call from time to time.

Customer's Obligations Customer shall not use the Services or equipment in any manner not contemplated under this Agreement, including without limitation, resale of such services or equipment, without express written permission from On Call. Any unauthorized use of Services, which may breach CRTC guidelines for acceptable use, may be subject to penalties, which will be the burden of the Customer to pay.

For security purposes the Customer shall take care to ensure that the On Call Calling Card number is kept confidential. The Calling Card is the property of On Call and must be returned to On Call upon request.

Inside wiring from the demarcation point shall be arranged by the Customer prior to the date of installation. Any costs associated with inside wiring, or delays caused by, are the responsibility of the Customer.

The Customer shall allow On Call, its agents and employees access to enter the Customer’s premises, at reasonable hours, on which On Call Services are or are to be provided, to install, inspect, repair, remove its equipment. Except in the case where the Customer is in default of this Agreement, prior to entering the premises, On Call must obtain the Customer’s permission.

Customers subscribing to Internet Services understand and agree to the terms as set forth in the Acceptable Use Policy. On Call reserves the right to terminate this Agreement if the Customer breaches the Acceptable Use Policy located on the On Call web site.

Illicit Use Under no circumstances shall Customer use, and Customer shall ensure that its clients do not use, the On Call Services or the Equipment fraudulently or otherwise illegally including, without limitation: a) falsely reducing or avoiding in whole or in part the regular charges for On Call Services and the Equipment; b) obtaining, accessing, altering or destroying data files, programs, procedures or other information of On Call or On Call’s customers; c) interfering with On Call Services or Equipment or affecting On Call’s customers; d) to directly or indirectly violates any law, rule, code or regulation or aids any unlawful act or undertaking.
On Call will have the right, without notice to Customer, to take immediate action such as suspension of the On Call Services or any such other action that is reasonably necessary to prevent or terminate such fraudulent use from taking place.

Early Termination and Termination of Services The Customer understands that the provisioning of Services under a term agreement will be subject to early termination penalties if one or all of the Services is cancelled prior to the expiration of the initial term.
If the Agreement or any of the Services are cancelled prior to the expiration of the initial term, the Customer will be liable to pay On Call 100% of the monthly recurring charges for each of the months remaining in the contract.

The Customer agrees to provide On Call with thirty (30) days prior written notice that the Services are to be cancelled and to pay for all Services up to the cancellation date. Failure to properly notify On Call of the cancellation could result in delays.

If Customer cancels On Call Services where installation has been initiated, but not yet commenced, the Customer will be responsible for any charges associated with the process of provisioning the Services.

Suspension and Termination In the event that payment in full has not been made or any of the terms and conditions of Service have been breached, On Call shall have the right to suspend Services until such time that payment has been made or the breach as been corrected.

The Customer must pay for any reconnection charges prior to the restoration of suspended Services, the price of which is determined by the scope of Services provided.

If payment is not forthcoming and the Customer has not been able to provide satisfactory proof of creditworthiness or provide a payment guarantee, or correct the breach, then On Call shall have the right to terminate all Services with no liability to the Customer.

If Services have been terminated, the Customer will have to re-apply in order for Services to be re-established and On Call can not guarantee that the Customer will be designated the same telephone numbers.

Liability On Call will not be liable for damages for any delay or failure to perform due to governmental orders, labour disputes or shortages, acts of God, cable cuts, or other causes beyond the reasonable control of On Call.

Customer is responsible for controlling access to, and use of, its own facilities, and although On Call may recommend possible solutions to reduce unauthorized use of Service, On Call does not warrant or guarantee that such recommendations will prevent all unauthorized use. Customer shall be solely responsible for determining the adequacy of Service for any and all uses to which the Customer may apply. On Call makes no warranties or conditions, express or implied, including any implied warranty of merchantability or of fitness for a particular purpose.

The total liability of On Call shall not exceed the amounts paid by the Customer for service. In no event shall On Call be liable to the Customer for any other amounts, including indirect, special, incidental, consequential, or punitive damages or any kind, including lost profits, regardless or whether such damages were foreseeable, and regardless of the form of the action.

Customer shall indemnify, defend and hold On Call against all claims, losses or damages, including legal fees, arising from the use of Service, including without limitation, charges incurred as a result of authorized or unauthorized use of Service by third parties; claims for libel, slander, invasion of privacy or infringement of copyright; and claims for patent infringement arising from combining or using Service with facilities or equipment furnished by others.

Any litigation arising hereunder may be brought in the courts of the Province of British Columbia. By obtaining Services hereunder, Customer is deemed to have submitted to such jurisdiction, thereby will be liable to On Call, for legal fees incurred in the collection or attempted collection of any undisputed past due amounts.